Health Practitioners Competence Assurance Act 2003

1: Preliminary and key provisions

5 Interpretation




    5 Interpretation

  (1)  In this Act, unless the context otherwise requires,---

Accident Compensation Corporation    means the corporation of that name
continued by section 259 of the Injury
Prevention, Rehabilitation, and Compensation Act 2001

applicant    means a person who makes an application under this Act

authority    means a body corporate appointed, by or under this Act, as the
body that
is, in accordance with this Act, responsible for the registration and oversight
of practitioners of a particular health profession

condition    includes a restriction or limit

former health practitioner    means a person who was, but no longer is,
registered with an authority

Health and Disability Commissioner    means the Health and Disability
Commissioner appointed under the Health and Disability Commissioner Act 1994

health practitioner    or practitioner means a person who is, or is deemed to
be, registered with an authority as a practitioner of a particular health
profession

health profession    or profession means the practice of a profession in
respect
of which an authority is appointed by or under this Act

health service    means a service provided for the purpose of assessing,
improving,
protecting, or managing the physical or mental health of individuals or groups
of individuals

layperson    means a person who is neither registered nor qualified to be
registered as a health practitioner

medical officer of health    has the same meaning as in section 2(1) of the
Health Act 1956

medical practitioner    means a health practitioner who is, or is deemed to be,
registered with the Medical Council of New Zealand continued
by section 114(1)(a) as a practitioner of the profession of medicine

mental or physical condition    means any mental or physical condition or
impairment; and includes,
without limitation, a condition or impairment caused by alcohol or drug abuse

Minister    means the Minister of Health

oversight    means professional support and assistance provided to a health
practitioner by a professional peer for the purposes of professional
development

practise a profession    or practise means to perform services that fall within
the
description of a health profession

practising certificate    means an annual practising certificate issued under
section 26(3) or
section 29(4) or an interim practising certificate issued under
section 31

prescribed qualification    means a qualification for the time being prescribed
under section 12 for a
scope of practice

professional peer, in relation to a health practitioner, is a person who is
registered with
the same authority with which the health practitioner is registered

register, in relation to an authority, means the register maintained by
the authority under section 136

Registrar, in relation to an authority, means the Registrar of the authority
appointed under section 151

required standard of competence, in relation to a health practitioner, means
the standard of competence
reasonably to be expected of a health practitioner practising within that
health practitioner's scope of practice

responsible authority, in relation to---

      (a)  a health profession, means the authority appointed in respect of the
profession:

      (b)  a health practitioner, an applicant, or a former health
practitioner, means the authority responsible for the registration of
practitioners of the
profession that the person concerned practises or seeks to practise or has
practised

scope of practice---

      (a)  means any health service that forms part of a health profession and
that is for the time being described under section 11; and

      (b)  in relation to a health practitioner of that profession, means 1 or
more of such health services that the practitioner is, under an authorisation
granted under section 21, permitted to perform, subject to any conditions for
the time being imposed by the responsible authority

supervision    means the monitoring of, and reporting on, the performance of a
health practitioner by a professional peer

Tribunal    means the Health Practitioners Disciplinary Tribunal established by
section 84.

  (2)  A reference in this Act to an authority responsible for a profession is
a reference to the authority that is appointed in respect of the profession
concerned.

  (3)  In Parts 4 and 5, health practitioner includes a former health
practitioner.
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